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CIRCULAR No

CIRCULAR No. 10/2002/TT-BLDTBXH OF JUNE 12, 2002 GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE REGULATION ON THE SETTING UP AND OPERATION OF SOCIAL CHARITY ESTABLISHMENTS, ISSUED TOGETHER WITH THE GOVERNMENT�S DECREE No. 25/2001/ND-CP OF MAY 31, 2001

Pursuant to the Regulation on the setting up and operation of social charity establishments, issued together with the Government�s Decree No.25/2001/ND-CP of May 31, 2001, the Ministry of Labor, War Invalids and Social Affairs hereby guides the implementation of a number of articles of the said Regulation as follows:

I. SETTING-UP AND DISSOLUTION DOSSIERS AND PROCEDURES

1. Dossiers of application for setting up social charity establishments

A dossier of application for setting up a social charity establishment shall comply with the provisions in Article 6 and Article 7 of the Regulation, including:

a/ The scheme on setting up the social charity establishment of individual(s) and/or organization(s), mass organization(s).

b/ The notarized copies of papers certifying the right to own or use houses, land and other facilities in service of operations of the social charity establishment, as prescribed.

c/ The application for setting up the social charity establishment.

The dossier shall be made in three (3) copies: two shall be submitted to the competent agency of labor, war invalids and social affairs according to the provisions in Clauses 1, 2 and 3, Article 8 of the Regulation for evaluation; and one kept at the social charity establishment.

2. Time limit for issuance of documents permitting the setting up of social charity establishments

The competent authority shall issue documents permitting the setting up of social charity establishments within 15 days after receiving written proposals from the evaluating agencies.

3. Dissolution of social charity establishments

a/ The persons competent to permit the setting up of social charity establishments under the provisions in Article 9 of the Regulation shall also be competent to dissolve or terminate operations of the social charity establishments.

b/ The dissolution of social charity establishments shall comply with the provisions in Article 13 of the Regulation. The dissolution plans must specify the property and financial handling contents, the fostered subjects and the establishments� personnel.

4. Procedures for extension of operation duration of social charity establishments

a/ 60 days before the expiry of the social charity establishments� operation duration, their directors must send written requests for extension to the competent agencies.

b/ The extended operation duration shall be at least one year.

c/ Within 30 days after receiving the written requests for extension, the competent agencies shall have to reply in writing.

II. SUBJECTS TO BE ADMITTED TO SOCIAL CHARITY ESTABLISHMENTS

Subjects to be admitted to social charity establishments are those people meeting with exceptional difficulties prescribed in Article 2 of the Regulation, including:

1. Orphans: Children under 16 years of age whose parents are both deceased; abandoned children who have neither nurturing sources nor relatives to rely on (i.e. no sources of financial support from their families or organizations and/or individuals and no paternal and maternal grandparents or lawful foster-parents).

2. Lonely elderly people who have no one to rely on: People aged full 60 years or older, who have no spouse, are single, have neither lawfully adopted children nor relatives to reply on, and no income sources.

3. Seriously disabled persons, persons suffering from chronic mental illness

a/ Seriously disabled persons who have no working capability, no income sources and no relatives to rely on.

b/ Persons who suffer from chronic mental illness, have been treated for many times in the psychiatric departments of district- or higher-level hospitals but not yet recovered, regularly lose their self-control or commit acts detrimental to the health and/or properties of other persons or collectives, affecting public order, security and safety.

Orphans, lonely elderly people, seriously disabled persons and persons suffering from chronic mental illness who still have relatives, who, however, are incapable of fostering them, shall also be considered for being admitted to social charity establishments.

4. Other subjects decided by the competent State agencies

For subjects who are prone to cause social disorder or disrupt social safety, in order to avoid bad consequences, the competent authorities shall issue decisions to admit them to social charity establishments for management for no more than 15 days. For mentally-ill persons, whose places of residence and relatives are unidentified, after the said 15-day time limit the admission procedures must be carried out according to the current regulations.

5. Voluntary subjects

Lonely elderly people, orphans and seriously disabled persons who have income sources and voluntarily contribute funding or whose relatives, patrons or sponsors contribute funding for them shall also be considered for being admitted to social charity establishments.

The concrete monthly contribution levels shall be agreed upon in writing between the subjects or their relatives and/or sponsors and the directors of the social charity establishments according to the levels prescribed by the provincial-level People�s Committees.

III. PROVISIONS ON ADMITTING SUBJECTS TO SOCIAL CHARITY ESTABLISHMENTS AND RETURNING THEM TO THEIR FAMILIES

1. The dossiers for admission of subjects to social charity establishments shall comply with the provisions in Article 15 of the Regulation and be made according to the forms set by the Ministry of Labor, War Invalids and Social Affairs in its Circular No.18/2000/TT-BLDTBXH of July 28, 2000 guiding the implementation of a number of articles of the Government�s Decree No.07/2000/ND-CP of March 9, 2000 on social relief policies.

2. The provincial-level People�s Committee presidents shall authorize the directors of the provincial/municipal Labor, War Invalids and Social Affairs Services; the district-level People�s Committee presidents shall authorize the heads of the district Labor, War Invalids and Social Affairs Sections or the heads of the Organization, Labor and Social Affairs Offices to sign decisions on admission of subjects to social charity establishments according to the management decentralization.

3. The directors of social charity establishments shall decide on returning subjects to their families or communities according to the provisions in Article 18 of the Regulation. The decisions shall be made according to the forms set by the Ministry of Labor, War Invalids and Social Affairs in its Circular No.18/2000/TT-BLDTBXH of July 28, 2000 guiding the implementation of a number of articles of the Government�s Decree No.07/2000/ND-CP of March 9, 2000 on social relief policies.

90 days before issuing decisions to return subjects to their families or communities, the directors of social charity establishments must send written notices to the commune-level People�s Committee presidents so that the localities may take initiative in receiving the subjects and creating favorable conditions for them to integrate into community.

4. In cases where subjects being mentally-ill persons have been returned to their families but their illness then recurs and they thereby cannot live in their families, they shall be readmitted according to the first-time admission regulations.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing.

2. Social charity establishments set up before the effective date of the Regulation must supplement their dossiers according to the provisions of the Regulation and this Circular.

3. All social charity establishments must comply with the regime on biannual and annual reports according to the provisions in Article 26 of the Regulation.

4. For organizations and individuals that foster and take care of three to nine subjects, based on the practical conditions, the provincial-level People�s Committee presidents shall consider the application of the Regulation and guide and direct the implementation thereof.

5. In special cases, for orphans living in State-run social charity establishments, if they reach 16 years of age and still go to school or learn jobs, the directors of the provincial/municipal Labor, War Invalids and Social Affairs Services shall, based on the practical conditions, submit to the provincial-level People�s Committee presidents for consideration and decision the levels and duration, for further enjoying the daily-life fostering subsidies according to Articles 10 and 11 of the Government�s Decree No.07/2000/ND-CP of March 9, 2000 on social relief policies.

6. All previous relevant regulations contrary to this Circular are hereby annulled.

In the course of implementation, if any problem arises, it should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.

Minister of Labor, War Invalids and Social Affairs
NGUYEN THI HANG